Liu v. Lombard Canada, October 2002. This is an appeal decision at the Financial Services Commission (Director of Appeals, David Draper) which held that assaults against bus passengers were not covered under the SABS as they were not directly related to the use or operation of the automobile.
Ms. G – and- Pilot - [2005] O.F.S.C.D. No. 109 – Insured claimed for childcare expense as a rehabilitation benefit. Arbitration. Director of Appeals, Divisional Court, Leave to Ontario Court of Appeal.
Zenith ats Smith, Justice Richard Byers, Belleville dated May 30, 2005. A catastrophically impaired plaintiff claiming that rheumatoid arthritis was caused or contributed to by the motor vehicle accident. Decision – insurer successful. Insurer successfully defended appeal to the Ontario Court of Appeal in November 2006. (Link to Case)
Lombard ats Wawanesa (Lingwood), Arbitrator Guy Jones, dated August 27, 2005. Wawanesa claimed that it was entitled to loss transfer as the bus insured by Lombard was a heavy commercial vehicle. Arbitrator rules that a bus is not a commercial vehicle. Arbitration dismissed with costs, no appeal.
Farmers’ Mutual v. ING (Churchill), Arbitrator Guy Jones, October 17, 2005. Sixteen-year-old catastrophically injured young man passenger in father’s car which strikes illegally parked heavy commercial vehicle on roadway outside a city, town or village. Farmers’ argues that s. 17(2) of the Fault Determination Rules applies and that ING is responsible to repay 100%. Farmers’ Mutual was successful on appeal, including leave to Ontario Court of Appeal. (View PDF 1) (View PDF 2) (View PDF 3)
Lombard and Webb, decision by FSCO arbitrator (dated November 10, 2006) that fall of claimant who exited from a taxicab and walked behind the vehicle, falling on ice, was entitled to accident benefits. Appeal to Director’s Delegate held April 27, 2007. Appeal decision released October 4, 2007 allowing appeal. Applicant’s claim does not fit within the definition of “accident” in the SABS. (View PDF 1) (View PDF 2)
ACE v. Nordique (ING) and the Motor Vehicle Accident Claims Fund (Vandenberg), Arbitrator Bruce Robinson, February 28, 2007. Issue before arbitrator is whether ING properly cancelled policy for catastrophic loss. ACE INA was successful. (View PDF 1)
Ioannou v. Evans [2008] O.J. No. 21. Court refused to add defendant after limitation period expires. (Link to Case)
Burns v. Ferri 8.O.R. (3d) 11 – Claims under underinsured coverage.
MVACF and Allianz v. Lombard [2009]. CAT Preliminary Ruling of Arbitrator Jones that Lombard policy does not pay.
Lombard ats Certas (Rajathurai), CAT ruling by Arbitrator Novick that claimant not an “insured person” under the Lombard policy and therefore Certas policy higher in priority.
